• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
The Habitat Group

The Habitat Group

|
Subscribe Log In
  • NY APARTMENT LAW
    • New York Apartment Law Insider
    • New York Landlord v. Tenant
    • New York Rent Regulation Checklist, 4th Edition
    • 2026 New York City Apartment Management Checklist
  • FAIR & AFFORDABLE HOUSING
    • Fair Housing Coach
    • Assisted Housing Management Insider
    • FAIR HOUSING BOOT CAMP Basic Training for New Hires
  • COMMERCIAL LEASE LAW
    • Commercial Lease Law Insider
    • Best Commercial Lease Clauses, 17th Edition
    • Best Commercial Lease Clauses: Tenant’s Edition
  • RESOURCES / GUIDEBOOKS
New York Apartment Law Insider
  • Archives
  • Main Articles
    • Feature
    • Management Basics
    • New Laws & Regs
    • Rent Increases
    • Court Watch
    • Violations
  • Departments
    • Dos & Don’ts
    • Q & A
    • In the News
    • Landlord v. Tenant
    • Ask The Insider
  • eAlerts
  • Blogs
  • Building Management Calendar
  • FREE ISSUE

This is your free article for the month.

To view more articles, Log In or Subscribe.

New Bedbug Disclosure Law Requires Owners to Reveal Past Infestations

September 28, 2010

Governor Paterson recently signed into law a bill aimed at helping prospective tenants combat the bedbug epidemic. The Bedbug Disclosure Act requires owners and managing agents to notify new rental tenants of bedbug infestations that have plagued the building and the tenant's individual apartment during the previous year.

The law comes at a time when the city has been fielding an increasing number of bedbug complaints. In 2009, the city's 311 hotline received some 11,000 calls about bedbugs, compared with 537 in 2004, according to statistics provided by Assemblywoman Linda B. Rosenthal, D-Manhattan, who co-sponsored the bedbug disclosure law along with Senator José Peralta, D-Queens.

According to a statement by Assemblywoman Rosenthal, who represents Manhattan's Upper West Side, “New York City tenants have been living in fear of bedbugs, and I am excited to offer them this new protection. Nothing is more horrifying than signing a lease after a lengthy apartment search only to discover that your new apartment is bedbug-infested.”

Disclosure Requirements

Owners and managing agents now have to include disclosure forms when they hand over vacancy leases, in a process to be overseen by the DHCR. The DHCR has recently issued the form DBB-N (9/10), Notice to Tenant: Disclosure of Bedbug Infestation History (available at http://nysdhcr.gov/Forms/Rent/dbbn.pdf). The law does not set forth any financial or legal penalties for owners who fail to furnish the notice. It also takes effect immediately and applies only to the city.

The form requires the owner or managing agent to check the applicable boxes. Choices range from no history of any bedbug infestation within the past year in the building or in any apartment to choices identifying the floors and apartment with bedbug infestations and whether eradication measures were employed.

Under the Bedbug Disclosure Act, which adds a new Section 27-2018.1 to the New York City Administrative Code, “Upon written complaint…by the tenant that he or she was not furnished with a copy of the notice” the DHCR has the authority to make the owner disclose the infestation history.

Owner Response to Bedbug Complaints

As the bedbug problem becomes more prevalent in New York City, it is in the owner's interest to tackle any reports of bedbug infestations right way. Getting rid of bedbugs as soon as you are aware of them is the only way to ensure that you are protected from a bedbug lawsuit. In New York City, the presence of bedbugs is listed as a Class B violation, which gives the landlord 30 days to get rid of the parasites. A landlord's failure to fix this problem in a timely manner may constitute a breach of the “implied warranty of habitability,” the landlord's minimum obligation to provide a livable residence.

Cases involving bedbugs place importance on the owner's response and the location of bedbugs. In one case, in which the owner was represented by attorney Karen Schwartz-Sidrane, the DHCR revoked the initial rent reduction. The owner argued that monthly extermination service was provided to the apartment to combat the bedbug condition and that the owner shouldn't be responsible for the tenant's failure to maintain a clean apartment.

The tenant had complained that there were bedbugs in the kitchen, bathroom hamper, bedroom, beds, and a chair, and behind a living room table. The owner had exterminated three times within the month before receiving the tenant's complaint. The DHCR's inspector found evidence of bedbug infestation in a mattress and dead bedbugs in the bedroom. The DHCR inspector didn't find any proof of bedbug infestation in the walls, floors, cabinets, closets, and apartment entrance. Also, the presence of dead bedbugs found by the inspector suggested that the owner's extermination service was effective. It was an error for the District Rent Administrator to hold the owner responsible for the bedbug problem that existed solely in the tenant's personal household property [91-32/34 195th St. LLC, June 2008].

Other recent court decisions have sided with the tenant. Two decisions have handed 40 percent and 50 percent rent abatements to tenants [Assoc. v. CW, June 2009; Grand Review LLC v. Moore, November 2008]. In both instances, the tenants claimed a breach of warranty of habitability. In Grand Review LLC v. Moore, the tenant said that there were problems with bedbugs from the time she moved into the apartment. The tenant admitted that the owner had exterminated twice, but that the problem continued. Because of the bedbugs, the tenant said that she slept at either her mother's or her boyfriend's homes, and that she kept whatever clothes or personal possessions she hadn't thrown out at these locations.

The court ruled for the tenant. It ruled that her testimony was believable, and management's efforts to relieve the problem weren't sufficient. The court gave the tenant a rent abatement of $2,183.

Search Our Web Site by Key Words: Bedbug Disclosure Act; bedbugs; warranty of habitability; rent reduction order

New Laws & Regs

Related Articles

  • New Law Requires Landlords to Provide Air Conditioners Upon Tenant Request
  • Security Deposit Return Requirements Expanded to Cover Rent-Regulated Tenants
  • New State Law Bans Landlords from Setting Rents via Algorithms

Email A Friend

https://www.thehabitatgroup.com/new-bedbug-disclosure-law-requires-owners-to-reveal-past-infestations/

Primary Sidebar

Popular Stories

  • February 2026 Coach’s Quiz
    Jan 20, 2026 | Heather Stone
    Fair Housing Coach
  • HUD Ends Affirmatively Furthering Fair Housing Rule—Again
    Mar 5, 2025 | Eric Yoo
  • HUD Delays Implementation of the HOME Final Rule Until April
    Mar 5, 2025 | Eric Yoo
  • How to Count Income of Student Household Members Under New Rules
    Mar 5, 2025 | Eric Yoo
    Download: MODEL_STUDENT-FINANCIAL-AID-AFFIDAVIT_0325.pdf
  • 2025 New York City Apartment Management Checklist
    Feb 11, 2025
  • Sign Up for a FREE Issue ofAssisted Housing Management Insider
    Jan 4, 2025
    Assisted Housing Management Insider
  • Sign Up for a FREE Issue ofFair Housing Coach
    Jan 4, 2025
    Fair Housing Coach
  • Sign Up for a FREE Issue of New York Apartment Law Insider
    Jan 4, 2025
    New York Apartment Law Insider
  • Sign Up for a FREE Issue of Commercial Lease Law Insider
    Jan 4, 2025
    Commercial Lease Law Insider
  • Complete Annual Bedbug Reporting Requirement by Dec. 31
    Nov 22, 2024
Events
  • 02 Mar
    Notify DOHMH of tenants who didn’t respond to annual window guard and lead-based paint notice.
  • 02 Mar
    File NYC real property tax assessment protest—Class 2 & 4 properties.
  • 16 Mar
    File NYC real property tax assessment protest—Class 1 properties.
  • 01 Apr
    Pay union contribution.
  • 01 Apr
    Pay New York City real property taxes.

Footer

Publications

Assisted Housing Management Insider
Commercial Lease Law Insider
Fair Housing Coach
New York Apartment Law Insider
New York Landlord v. Tenant

Additional Links

Contact Us
Advertise
Group Subscriptions
Privacy Policy
Terms of Use

Boards of Advisors

Assisted Housing Management Insider
Commercial Lease Law Insider
Fair Housing Coach
New York Apartment Law Insider

Copyright © 2026 · The Habitat Group / Plain Language Media · 1-888-729-2315 · customerservice@thehabitatgroup.com · Log in